Defamation protects people against damage to their reputations.
Defamation for public persons requires the proof of actual malice
in order for the public person to gain damages for emotional
distress. People in the public eye are expected to receive scrutiny
both positive and negative related to their public activities.

Private individuals are accorded more leeway in proving
defamation because the expectation is different; proof of actual
malice is not required. Statements in the media regarding public
figures are protected under the First Amendment from defamation if
the statement were not made with actual malice.

The elements of defamation include:

1. The statement was defamatory (false).

2. The statement referred to a specific individual.

3. The statement was published.

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Step 3 of 4

Libel:

The tort of libel is defamatory speech in a written statement
that wrongfully causes injury to another’s reputation. A court will
determine whether the defendant made a statement of opinion or a
statement of fact. Statements of opinion are usually not
actionable; however a statement of fact is actionable. A statement
of fact is false and represents something as fact.

Slander:

Slander is the spoken defamation.

Defamation by Implication:

Defamation by implication occurs when a person juxtaposes a
series of facts so as to imply a defamatory connection between
them, or creates a defamatory implication by omitting facts
(material omissions).

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Opinion:

In the case, the Court was tasked to decide whether otherwise
true statements created a false impression by omission of material
facts and therefore resulted in defamation by implication.

The Court determined that the omissions did not leave a false
impression that would be contradicted by the inclusion of omitted
facts.

Therefore, the store owner did not have a case against the TV
station.